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AMENDMENTS TO POWERS AND DUTIES OF STATE

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PARKS

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2015 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Kraig Powell

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Senate Sponsor: David P. Hinkins

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8     LONG TITLE
9     General Description:
10          This bill modifies the duties of the Division of Parks and Recreation.
11     Highlighted Provisions:
12          This bill:
13          ▸     states that the Division of Parks and Recreation permit multiple use of state parks,
14     including camping; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          79-4-203, as last amended by Laws of Utah 2012, Chapter 347
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 79-4-203 is amended to read:
26          79-4-203. Powers and duties of division.
27          (1) As used in this section, "real property" includes land under water, upland, and all
28     other property commonly or legally defined as real property.
29          (2) The Division of Wildlife Resources shall retain the power and jurisdiction

30     conferred upon it by law within state parks and on property controlled by the Division of Parks
31     and Recreation with reference to fish and game.
32          (3) The division shall permit multiple use of state parks and property controlled by it
33     for purposes such as grazing, fishing, hunting, camping, mining, and the development and
34     utilization of water and other natural resources.
35          (4) (a) The division may acquire real and personal property in the name of the state by
36     all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange,
37     or otherwise, subject to the approval of the executive director and the governor.
38          (b) In acquiring any real or personal property, the credit of the state may not be pledged
39     without the consent of the Legislature.
40          (5) (a) Before acquiring any real property, the division shall notify the county
41     legislative body of the county where the property is situated of its intention to acquire the
42     property.
43          (b) If the county legislative body requests a hearing within 10 days of receipt of the
44     notice, the division shall hold a public hearing in the county concerning the matter.
45          (6) Acceptance of gifts or devises of land or other property is at the discretion of the
46     division, subject to the approval of the executive director and the governor.
47          (7) The division shall acquire property by eminent domain in the manner authorized by
48     Title 78B, Chapter 6, Part 5, Eminent Domain.
49          (8) (a) The division may make charges for special services and use of facilities, the
50     income from which is available for park and recreation purposes.
51          (b) The division may conduct and operate those services necessary for the comfort and
52     convenience of the public.
53          (9) (a) The division may lease or rent concessions of all lawful kinds and nature in state
54     parks and property to persons, partnerships, and corporations for a valuable consideration upon
55     the recommendation of the board.
56          (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in
57     selecting concessionaires.

58          (10) The division shall proceed without delay to negotiate with the federal government
59     concerning the Weber Basin and other recreation and reclamation projects.
60          (11) The division shall receive and distribute voluntary contributions collected under
61     Section 41-1a-422 in accordance with Section 79-4-404.